M'Bride v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the common pleas of Butler county. This was a suit against the plaintiffs in error, as bail in the official bond of Rishaberger, high constable of the borough of Butler. The proceedings are admitted to be regular and the recovery legal, if the defendants below and plaintiffs here are liable on the bond.
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ERROR to the common pleas of Butler county. This was a suit against the plaintiffs in error, as bail in the official bond of Rishaberger, high constable of the borough of Butler. The proceedings are admitted to be regular and the recovery legal, if the defendants below and plaintiffs here are liable on the bond. The town of Butler was erected into a borough in 1817. The same act of assembly constitutes Milton in Northumberland county a borough, and the first sixteen sections of the law relate to that corporation. Then come two or three sections erecting Butler into a borough, and directing…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
This court is of a different opinion from that of the court below. The words “ may execute process as other constables of the county, by giving the securities required by law,” have reference to the general laws for the election and appointment of constables, and not to the law erecting Butler into a borough. As high constable, his duties were confined to process by the burgess or other officers of the borough; but the law put it into his power to acquire the same extent of authority with the other constables of the county by giving the…
2Cited by5 opinions
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- Harbold v. Bailey, Pennsylvania Court of Common Pleas, York County1902
- Saint's PetitionWashington County Court of Quarter Sessions · 1938
- Wingard v. Armstrong County, Pennsylvania Court of Common Pleas, Armstrong County1932